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Justice System
Organization and Jurisdiction of Courts –The Supreme Court of Kosovo is the highest judicial authority. Organization, functioning and jurisdiction of the Supreme Court and other courts are regulated by law. At least fifteen percent (15%) of the judges of the Supreme Court, but not fewer than three (3) judges, shall be from communities that are not in the majority in Kosovo. The President of the Supreme Court of Kosovo is appointed and dismissed by the President of Kosovo, from among the judges of the Supreme Court for a non-renewable term of seven (7) years, upon proposal by the Kosovo Judicial Council for his/her appointment or dismissal. Presidents of all other courts are appointed in the manner provided by law. At least fifteen percent (15%) of judges from any other court established with appeal jurisdiction, but not fewer than two (2) judges, shall be from communities that are not in the majority in Kosovo. Specialized Courts may be established by law when necessary, but no extraordinary courts may ever be created. The President of the Republic of Kosovo appoints, reappoints and dismisses judges, upon the proposal of Kosovo Judicial Council. The initial mandate for judges is three years. The reappointment mandate is permanent until the retirement age as provided by law, unless removed in accordance with law. The criteria and procedures to reappoint a judge are determined by the Kosovo Judicial Council and they may be different in degree from the criteria used for the removal of judges.
Kosovo Judicial Council - The Kosovo Judicial Council ensures independence and impartiality of the judicial system. The Kosovo Judicial Council is a fully independent institution in the exercise of its functions. The Kosovo Judicial Council ensures that the courts in Kosovo are independent, professional, and impartial and fully reflect the multi-ethnic nature of the Republic of Kosovo and follow the principles of gender equality. The Kosovo Judicial Council is composed of thirteen (13) members, all with professional qualifications and expertise. Members are elected for a term of five (5) years. The Council shall give preference in the appointment of judges, to members of communities that are underrepresented in the manner provided by law. The Kosovo Judicial Council is responsible for recruiting and proposing candidates for appointment and reappointment to judicial positions, conducting judicial inspections, judicial administration, developing court rules in accordance with the law, hiring and supervising court administrators, developing and overseeing the budget of the judiciary, determining the number of judges in each jurisdiction and making recommendations for the establishment of new courts. New courts shall be established according to law.
State Prosecutor
State Prosecutor – The State Prosecutor is an independent institution with authority and responsibility for the prosecution of persons charged with committing criminal acts or other acts as specified by law. The State Prosecutor is an impartial institution and acts in accordance with the Constitution and the law. The organization, competencies and duties of the State Prosecutor are defined by law. The State Prosecutor reflects the multiethnic composition of the Republic of Kosovo and respects the principles of gender equality. The initial mandate for prosecutor is three years. The reappointment mandate is permanent until the retirement age as determined by law, unless removed in accordance with law. The Chief State Prosecutor is appointed and dismissed by the President of the Republic of Kosovo upon the proposal of the Kosovo Prosecutorial Council. The mandate of the Chief State Prosecutor is seven years, without the possibility of reappointment.
Kosovo Prosecutorial Council – Kosovo Prosecutorial Council is a fully independent institution in the exercise of its functions in accordance with law. The Kosovo Prosecutorial Council ensures equal access to justice for all persons in Kosovo. The Kosovo Prosecutorial Council ensures that the State Prosecutor is independent, professional, and impartial and reflects the multi-ethnic nature of Kosovo and the principles of gender equality. The Kosovo Prosecutorial Council shall recruit, propose, promote, advance, transfer, and discipline prosecutors in a manner provided by law. The Council shall give preference for appointment as prosecutors, to the members of underrepresented communities in a manner provided by law. All candidates should fulfill the criteria as provided by law. The composition of the Kosovo Prosecutorial Council, as well as provisions regarding the reappointment, removal, term of office, organizational structure and rules of procedure, are determined by law.
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